When someone decides to buy a home in Torrevieja or anywhere else in Spain, they usually focus on aspects such as location, price, and zoning regulations. However, there is a lesser-known but equally important concept for property owners: eminent domain. Understanding how this process works and in what cases it might apply is essential to protecting your rights as a property owner.

Expropriation is a procedure by which the Public Administration can acquire private property for reasons of public interest. This can occur, for example, to build roads, expand infrastructure, create public spaces, or develop urban projects. Although it may sound alarming, Spanish law establishes strict conditions and guarantees to ensure that the owner is protected at all times.

The first thing you should know is that expropriation can only be applied when there is a duly justified public interest, and the Administration is obligated to demonstrate this. Furthermore, the owner has the right to receive fair compensation, called “just compensation,” which must reflect the property’s real value according to legal criteria.

The process typically begins with a declaration of public utility and official notification to the owner. From that point, a valuation phase begins in which both parties—owner and the government—must agree on the price. If no agreement is reached, an independent institution sets the final value. Throughout this procedure, the owner has the right to submit arguments, provide reports, and appeal decisions.

For foreigners who own a second home or are planning to buy property in Torrevieja, professional advice is especially important if their property could be affected by a development plan or public works project. In some coastal areas, for example, land use changes, revisions to development plans, or actions related to the Coastal Law may occur, which could affect certain properties.

At A&G Lawyers, specializing in real estate and immigration law, we help our clients understand if their property is at risk of expropriation, review the zoning regulations, analyze official notifications, and defend their rights throughout the entire process. Our goal is to protect your investment and ensure you receive all the necessary information and legal support.

📍If you are a foreign property owner or are thinking of buying a home in Spain, don’t leave this matter to chance.

➡️ Schedule an appointment with A&G Lawyers and receive expert advice to protect your property against any action by the Administration.